Rajasthan High Court - Jodhpur
K.Xxxx vs State Of Rajasthan on 11 May, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 353/2022
K.xxxx S/o Shri Pat Xxx, Aged About 17 Years, B/c Xxx R/o Xxx,
Police Station Rawatsar, District Hanumangarh (Raj.) (At Present
Lodged At Place Of Safety, Shri Ganganagar)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Surendra S/o Krishan Ram, Aged About 38 Years, B/c Jat,
R/o Village Hardaswali Bada Baas, Police Station
Rawatsar, Dist. Hanumangarh (Raj.)
----Respondents
For Appellant(s) : Mr. Vivek Sharma
Mr. Mohan Ram Choudhary
For Respondent(s) : Mr. M.A. Siddiqui, GA cum AAG
Mr. Rakesh Matoria
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/05/2022
Admit.
Issue notice.
Learned Public Prosecutor as well as learned counsel for the
respondent No.2 already appearing on behalf of the respondents.
Hence, service is complete.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.263/2022.
Learned counsel for the appellant has shown the statement
rendered by the prosecutrix at the time of recovery as well as the
statement rendered under Section 161 Cr.P.C., which show the
complete consent on the part of the prosecutrix to go away with
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the present appellant, who is also a minor. Learned counsel further
submits that the appellant is in custody since 14.11.2018, which is
about 03 years and 06 months, whereas the sentenced awarded
to him is 05 years.
Learned Public Prosecutor as well as learned counsel for
respondent No.2 vehemently oppose the suspension of sentence
application.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
263/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 11.03.2022 in Criminal Regular Session Case
No.09/2020 against appellant- K. xxxx S/o Shri Pat xxxx shall
remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in a sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this Court on
27.06.2022 and whenever ordered to do so, till the disposal of
the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, they will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
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The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused appellant do not appear before the trial court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
1-Zeeshan
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